21E Environmental Assessments

Metro Boston Property Inspections can help you to identify potential environmental risks before you buy or invest in your property.

Our comprehensive 21E environmental assessments evaluate potential contamination in real estate properties. Our expert team conducts thorough site evaluations, ensuring compliance with Massachusetts environmental regulations.

What is a Chapter 21E:

MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT

A 21E site assessment, also known as a MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT, is a process conducted to identify and evaluate potential or actual contamination at a property. This assessment is performed under the regulations of the Massachusetts Department of Environmental Protection (MassDEP) and is specific to Massachusetts.

The goal of the 21E site assessment is to determine whether a release of oil or hazardous materials has occurred, to assess the potential risks to human health and the environment, and to establish whether further action, such as a Phase II Comprehensive Site Assessment, is necessary. This process is crucial for property transactions, redevelopment projects, and compliance with environmental regulations.

What a 21E Covers

A 21E environmental assessment, often referred to as a Phase I Environmental Site Assessment (ESA), is a comprehensive investigation conducted to evaluate potential environmental liabilities associated with a property. Here are the key components typically covered in a 21E assessment:

Site Inspection: A thorough visual inspection of the property and surrounding areas to identify any potential sources of contamination or environmental concerns.
Historical Review: Research into the historical uses of the property and adjacent properties to identify past activities that could have led to environmental contamination.
Interviews: Conducting interviews with current and past owners, tenants, and neighbors to gather information about the property’s history and any known environmental issues.
Regulatory Review: Reviewing federal, state, and local regulatory databases to identify any environmental permits, violations, or regulatory concerns associated with the property.
Site Reconnaissance: Detailed examination of current conditions including soil, groundwater, surface water, and building materials to identify any signs of environmental contamination.
Report Preparation: Compilation of findings into a formal report that includes a summary of the investigation, identification of recognized environmental conditions (RECs), and recommendations for further action if necessary.

The purpose of a 21E assessment is to provide potential property buyers, lenders, and developers with information about the environmental condition of a property to assess potential risks and liabilities before completing a transaction or proceeding with development. It helps ensure compliance with environmental regulations and minimize financial and legal risks associated with environmental contamination,

When is a 21E Environmental Site Assessment Required?

While many remediation companies will provide you with a certification of completion, most professional standards of practice recommend an independent environmental professional perform a post remediation verification, or clearance testing, to ensure the contractor actually completed the requirements in the scope of work and that the mold levels have been sufficiently reduced.

Property Transactions: During the sale or transfer of commercial or industrial properties, especially if there is a reason to suspect potential contamination or environmental issues. This is to ensure that the buyer is aware of any environmental liabilities associated with the property.
Financing: Lenders often require a 21E ESA before providing a mortgage or financing for a property. This helps them assess the environmental risks that could affect the value of the property and their investment.
Regulatory Compliance: If there is a known or suspected release of hazardous materials on a property, the Massachusetts Department of Environmental Protection (MassDEP) may require a 21E assessment to evaluate the extent of contamination and necessary remediation measures.
Due Diligence: Property developers and investors may conduct a 21E ESA as part of their due diligence process to identify and mitigate potential environmental risks before proceeding with development or investment.
Court Orders: In some cases, a 21E ESA may be required as part of legal proceedings or settlements related to environmental contamination or disputes.
Report Preparation: Compilation of findings into a formal report that includes a summary of the investigation, identification of recognized environmental conditions (RECs), and recommendations for further action if necessary.

The assessment typically involves a comprehensive review of the property’s history, a site inspection, and possibly soil, water, and air testing to identify any contamination and assess its impact. The goal is to determine if the property is in compliance with the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (Chapter 21E) and to outline any necessary remediation steps.